Dáil Éireann díospóireacht -
Wednesday, 17 Apr 2002

Vol. 552 No. 1

Written Answers. - Garda Clearance Arrangements.

Michael Creed

Ceist:

581 Mr. Creed asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the Garda Síochána have indicated to an organisation (details supplied) in County Kildare that they are no longer in a position to provide clearance for all prospective child care staff and are limiting same to full-time employees of health boards; and if he will make a statement on the matter. [11977/02]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 572, 573 and 581 together.

The historic position as regards the issue of clearance for persons working with children was that the Garda Síochána provided a limited clearance service in respect of such persons. Essentially, it applied to persons in full-time employ ment in the health services who had substantial unsupervised access to children or other vulnerable persons. It did not cover, for example, community workers, part-time employees, student placements or voluntary workers.

I am on record as stating that the fact that there were a large number of organisations with responsibility for child care, who engage staff, who were not covered by Garda clearance arrangements was a matter of concern for me. I stated that I wished to see the scheme extended to all other organisations dealing with children, for example voluntary and community groups and, accordingly, in June 1999 I announced that the Garda Commissioner was undertaking a comprehensive review of Garda clearance arrangements in the child care area generally.

As a result of the Garda Commissioner's review it was decided that a central vetting unit would be set up to deal with the existing known demand for clearances. I obtained sanction for additional staff for this unit and, following recruitment and training of new staff, it commenced operations in January of this year. The new unit will provide a better service, with reduced delays, in respect of those employees covered by the existing system, and it will have the capacity to respond to the significant increase in applications for clearances which have been experienced even under the present limited criteria. In addition, it will provide the basis for a phased extension of the existing clearance system in respect of child related employment.

Irrespective of whatever clearance arrangements are in place, it will continue to be necessary to bear in mind that criminal record checks, while being capable in appropriate circumstances of making a significant contribution to ensuring that unsuitable persons do not secure positions of trust, are not the sole answer to ensuring applicants' suitability for jobs particularly where children or other vulnerable persons could be open to abuse. There will continue to be a particular onus of care on employers to maintain good employment practice both during the recruitment stage, such as good interviewing practice and checking references, and also when it comes to ensuring adequate supervision arrangements after recruitment.

Part 4 of the Sex Offenders Act, 2001, obliges convicted sex offenders, including persons convicted abroad as well as in this jurisdiction, before as well as after the commencement of the Act, when seeking or accepting employment or a voluntary position involving unsupervised access to children, to inform their prospective employer of the fact of the conviction. Failure to do so is an offence attracting a maximum penalty when convicted on indictment of a fine not exceeding €12,697 and-or imprisonment for up to five years. This new offence, which came into operation on 27 September 2001, along with the rest of the Act, is designed to act as a deterrent to unsuitable persons from seeking to gain access to children through the workplace, where relationships based on trust or fear can develop.

In relation to the Special Olympic Games, which were the subject of Question No. 402 of 26 March 2002, the normal vetting procedure applies for volunteers: a criminal record check and a check of any cases under investigation or pending against the prospective volunteer.